Supreme Court Criticizes Delhi Police for Delays in Umar Khalid and Co-accused's Bail Hearing in Delhi Riots Case

Supreme Court Criticizes Delhi Police Delay in Umar Khalid Bail Case

Umar Khalid and Sharjeel Imam are accused in a conspiracy case linked to Delhi riots

New Delhi:

The Supreme Court today reprimanded the Delhi Police for failing to submit a response to bail petitions filed by Umar Khalid, Sharjeel Imam, and other defendants in the 2020 Delhi riots case.

Additionally, the Court inquired whether bail could be considered due to trial delays in cases where accused individuals have been imprisoned for over five years.

When Additional Solicitor General SV Raju, representing Delhi Police, requested a two-week extension to file a response, the Court denied this request and scheduled the hearing for Friday.

"Frankly speaking, in bail matters, there is no question of filing counter," stated the bench comprising Justice Aravind and Justice NV Anjaria to the Delhi Police. The bench reminded them that it had clearly indicated in the previous hearing that it intended to resolve the case today.

"We have given you enough time. You may be appearing for the first time. Last time we said issue notice and we said in that open court that we will hear this matter on October 27th and will dispose it of," Justice Aravind Kumar remarked. "What is the question of a counter-affidavit in a bail matter?"

Senior Advocate Kapil Sibal, representing Umar Khalid, emphasized that the petitioners have remained incarcerated for more than five years.

Senior Advocate Abhishek Singhvi noted that the entire case revolves around trial delays, and therefore the hearing should not be further postponed.

The Supreme Court subsequently scheduled the matter for Friday and instructed Delhi Police to submit a counter-affidavit before then.

The top court is currently considering a petition from Umar Khalid, Sharjeel Imam, Meeran Haider, Gulfisha Fatima and Shifa-ur-Rehman, all accused in the conspiracy case related to the Delhi riots.

When rejecting their bail petitions previously, the Delhi High Court stated that the roles of Umar Khalid and Sharjeel Imam appeared prima facie serious, accusing them of delivering inflammatory speeches to incite Muslims. "A hurried trial would be detrimental to the rights of both appellants and State," the high court concluded.

The high court determined that granting bail solely based on extended incarceration and trial delay does not constitute a universally applicable principle.